Sandeep Kumar @ Kallu Singh v. The State Of Bihar Through Secretary Dept. Of Home, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2110 of 2024 Arising Out of PS. Case No.-288 Year-2022 Thana- BIHTA District- Patna ====================================================== Sandeep Kumar @ Kallu Singh Son of Ramjee Sharma Resident of villageNathupur, P.S.- Bitha, District- Patna and premanent at Naubatpur, P.S.- Naubatpur. Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Through Secretary Dept. of Home, Bihar, Patna 2.
The Senior Superintendent of Police, Patna at Patna 3.
The Supreintendent of Police, (Rural), Patna at Patna 4.
The SDPO, concerned Bihta Ps Patna 5.
The SHO, Bihta Ps, Bihta, Patna 6.
The Investigating Officer, Bihta Ps Case no. 288/2022 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Adv.
For the State :
Mr. Raghwendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 08-04-2025 Indisputably, in connection with Bihta P.S. Case No. 288 of 2022, dated 26th March, 2022, for the offence under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act for committing murder of one Lakhu Ram, charge-sheet has been filed against one Subodh Singh and Rahul Singh.
2. It is contended by the petitioner that since he has some dispute over landed property with the deceased, the informant, the wife of the deceased, also named the petitioner in the F.I.R. It is also submitted by the petitioner that though Police submitted charge-sheet in connection with the above mentioned
Patna High Court CR. WJC No.2110 of 2024(2) dt.08-04-2025 2/3 case being Charge-Sheet No. 369 of 2022, the investigation of the case is still pending on the prayer of the Investigating Officer. The petitioner apprehends that since his name is appearing in the F.I.R., he may be falsely implicated in a subsequent charge-sheet. Therefore, he has filed the instant writ petition with a prayer for proper investigation by the Investigating Officer.
3. It is submitted by the learned Advocate for the petitioner referring to Annexure-P/3 of the writ petition that the petitioner submitted an application before the Senior Superintendent of Police, Patna stating that he has no connection in committing murder of the said Lakhu Ram and, therefore, his name may be deleted from the F.I.R.
4. It is needless to say that further investigation of the Bihta P.S. Case No. 288 of 2022 is pending to find out as to whether besides the charge-sheeted accused person others are involved in the commission of offence, causing the death of the said Lakhu Ram.
5. Therefore, the instant writ petition is disposed of directing the Investigating Officer to conclude further investigation of this case within 90 days of the order and while investigating the case, it is expected that he would take into
Patna High Court CR. WJC No.2110 of 2024(2) dt.08-04-2025 3/3 consideration the letter submitted by the petitioner, addressed to Senior Superintendent of Police, Patna on 1st May, 2022.
6. With the above order, the instant criminal writ petition is disposed of on contest.
7. There shall be no order as to costs.
(Bibek Chaudhuri, J) pravinkumar/- U T